Family violence orders in the Australian Capital Territory

• Family Violence Act 2016 (ACT) (ACT)

  The main Act (republication 17, in force from 1 July 2025). It defines family violence (s 8) and family member (s 9), provides for after-hours, interim and final family violence orders, allows the Magistrates Court to make an interim order at any time before an application for a final order is decided (s 20), sets the usual 2-year length of a final order (s 35), sets out the conditions an order can contain (s 38), and makes contravening an order a criminal offence (s 43). Since 1 July 2025, a child under 14 cannot be a respondent (s 75).

• Personal Violence Act 2016 (ACT) (ACT)

  Provides for personal protection orders and workplace protection orders against personal violence, including physical or sexual violence, threats, stalking, harassment and property damage. Personal violence does not include family violence (s 8), so these orders are for people who are not family members, such as neighbours, co-workers or strangers. Only the employer can apply for a workplace protection order (s 13), and a final order lasts 12 months unless the court orders otherwise (s 27).

• Crimes Act 1900 (ACT) (ACT)

  Contains the criminal offences often charged alongside a family violence order, including common assault, assault occasioning actual bodily harm, inflicting grievous bodily harm, threat to kill, stalking and damaging property.

• Family Law Act 1975 (Cth) (CTH)

  Governs parenting and property matters after separation. Division 11 of Part VII (sections 68N to 68T) deals with conflicts between family violence orders and orders that let a child spend time with a person. Under section 68R, a court making or varying a family violence order, including the ACT Magistrates Court, can revive, vary, discharge or suspend a parenting order, but only to the extent it provides for a child to spend time with a person. Under section 68Q, a later Family Law Act order of that kind that is inconsistent with an existing family violence order makes the family violence order invalid to the extent of the inconsistency.

• ACT Magistrates Court — family violence orders

  Hears applications for family violence orders at 4 Knowles Place, Canberra, makes interim and final orders, deals with applications to amend, extend or review an order, and hears criminal charges for contravening an order. There is no court fee to apply.

• ACT Magistrates Court — personal protection and workplace orders

  Deals with personal protection orders and workplace protection orders where there is no family relationship. The court notes that a final personal violence order will usually be in place for 12 months unless there are special or exceptional circumstances.

• ACT Magistrates Court — national recognition of DVOs

  Explains that an order made after 25 November 2017 is automatically recognised across Australia, including in the ACT, that a Victorian order in force on 25 November 2017 is also recognised automatically, and how to apply to have other older orders declared recognised.

• ACT Policing

  Responds to family violence incidents on 000 in an emergency or 131 444 for non-urgent help, can apply for an after-hours order while the court is closed or for a protection order for an affected person, serves applications and orders on respondents, and investigates breaches. Criminal charges are prosecuted by the ACT Director of Public Prosecutions.

1. 01Get support and decide how to apply

   Call 000 in an emergency or contact the Domestic Violence Crisis Service on (02) 6280 0900 for 24-hour crisis support and safety planning. You can apply for a family violence order yourself, or a police officer can apply for you. Legal Aid ACT's Domestic Violence and Personal Protection Unit at the Magistrates Court gives free help with applications from 9 am to 3 pm, Monday to Friday.

   Typical timeframe: Before you apply

2. 02After-hours order

   When the court is closed, a police officer can apply by phone to a judicial officer for an after-hours order if it is immediately necessary to keep you safe or to prevent substantial damage to your property, and it is not practicable to arrest the respondent or there are no grounds to arrest them (section 100). It lasts until close of business on the second business day after it is made, unless it is revoked or an interim or final order is served on the respondent sooner, and it cannot be renewed or extended (sections 99 to 106).

   Typical timeframe: Up to 2 business days

3. 03Application to the ACT Magistrates Court

   You lodge three forms in person at the registry counter of the ACT Magistrates Court, 4 Knowles Place: the application, a private and confidential form, and a notice of address for service. They cannot be lodged online, and there is no court fee. ACT Policing says to lodge before 11.30 am if you want an urgent application heard that day. Court staff can explain the procedure, and Legal Aid ACT lawyers at the court can help you complete the application.

   Typical timeframe: Same day

4. 04Interim hearing

   If you ask for an interim order, the court must hear it within 2 days of receiving the application, not counting days the court is closed, such as weekends and public holidays (sections 47 and 154). A deputy registrar or magistrate hears your evidence, and the respondent is not told about this hearing. An interim order can be made if it is necessary to keep you safe from family violence, or to prevent substantial damage to your property, until the case is decided (section 21). If a registrar refuses, you can ask for a review before the registry closes at 4.30 pm that day.

   Typical timeframe: Within 2 court days of filing

5. 05Service and preliminary conference

   Police personally serve the application and any interim order on the respondent, who must obey the interim order once served. The court usually lists a preliminary conference with a deputy registrar within about three weeks, with the parties in separate rooms. The case can settle by a consent order without admissions, by an undertaking, or by the applicant discontinuing. A respondent who agrees can fill out the endorsement copy of the interim order and return it before the return date, and the order becomes final when the court receives it (section 33A). If the applicant does not attend, the application can be dismissed and any interim order ends. If a served respondent does not attend, a final order can be made in their absence.

   Typical timeframe: Usually within 3 weeks

6. 06Directions and final hearing

   If there is no agreement, a deputy registrar gives directions, such as dates for the applicant's timeline of events and the respondent's notice of grounds of defence, and sets a final hearing before a magistrate, where both parties give evidence and can be cross-examined. A respondent without a lawyer cannot personally cross-examine the affected person (section 63). Legal Aid ACT says the final hearing is generally 6 to 12 months after the application is filed. If an interim order has been made and the respondent is charged with a related criminal offence against the affected person, the interim order becomes a special interim order, and the application is not decided until those charges are finalised, unless the parties consent or a party does not attend (sections 26 and 31).

   Typical timeframe: Generally 6-12 months from filing

7. 07Final order, extension and review

   A final family violence order lasts 2 years unless the court sets a shorter period, or a longer one in special or exceptional circumstances, and an order made by consent cannot be longer than 2 years (section 35). You can apply to amend an order, which includes extending it, and the court must extend a final order unless it is satisfied the order is no longer needed for protection (sections 82 and 86). A protected person can apply for a review of a final order, but a respondent needs the court's leave (section 89).

   Typical timeframe: Usually 2 years

The ACT Magistrates Court says there are no court fees for applying for a family violence order or a personal protection order. Under section 73 of the Family Violence Act 2016 (ACT), each party is responsible for their own legal costs. The court can order the applicant to pay costs only if it is satisfied the application was vexatious, frivolous or made in bad faith, and it can order costs against the respondent if it considers that appropriate. An application is not treated as vexatious just because it is later discontinued. Paying a private lawyer is the main potential expense, particularly if the application is opposed and goes to a final hearing. Legal Aid ACT's Domestic Violence and Personal Protection Unit gives free help at the Magistrates Court, and you can apply for a grant of legal aid if you need ongoing representation. The Domestic Violence Crisis Service provides free court support, and the Women's Legal Centre ACT and Canberra Community Law give free legal help to eligible people.